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December 6/20, 1976 Mayor and Council December 6, 1976 The regularly scheduled meeting of Mayor and Council of the City of Smyrna was held the Charter at City Hall, Smyrna, Georgia, December 6, 1976 at 7:30 o'clock eting was called to order by presiding officer Mayor Arthur T. Bacon. All Councilmen were present. Also present was Chuck Camp, City Attorney, Willouise Spivey, City Clerk, Don Atkinson, Fire Chief, E. R. Little, Police Chief, J. E. David, Superintendent of Public Works, David Granade, Building Inspector, Lee Silver, Director of Parks and Recreation, Ron Egger, Controller and representatives of the press. Invocation was given by Homer Kuhl, followed by the pledge to the Flag. Dan Britt, owner of a business in Belmont Hills Shopping Center, asked why signs that did not meet the sign ordinance were ordered taken down on Atlanta Road and not in othe ions of the city. David Granade, Inspector, advised that there were some fif signs in Belmont Hills Shopping Center alone, and that is why he started on Road first. Mr. Britt stated that he had taken his sign down but that others were still up and he thought they should be taken down also. Mayor Bacon stated that we were going to enforce the Sign Ordinance and that if signs were not taken down when the owners were notified, the owners would be issued a citation into court. A citizen who owns a business on Atlanta Road asked the status of the wi.dening of At He stated that several citizens who own businesses along Atlanta Road to the widening of the downtown portion of this street. He stated we had lane highways on either side, Cobb Parkway and South Cobb Drive, and we did not need another highway in order to rush through Smyrna. Mayor Bacon advised that there would be a public hearing before anything was done. Mayor Bacon presented the "Distinguished Service Award" to Winston C. Burger, Sr. in appreciation for the many, many years service he has given to the Ci. ty of Smyrna Civil Service Board. Mr. Burger had served on thi_s board since its beginning in 1959 until October 20, 1976. The next order of business was hearing the appeal of the decision of Recorder's Cou y General E. L. Sparks. Mr. Sparks and Police Officer J. L. LeCroy were swo by City Attorney Chuck Camp. Officer LeCroy presented the charges of im- pro ne usage as written on November 4, 1976. Mr. Sparks and council members then questioned Officer LeCroy. Mr. Sparks stated he did not think he was guilty, that Officer LeCroy had greatly exaggerated the improper lane usage charge and would not listen to what he had to say. After discussion Homer Kuhl made a motion the decision on Recorder's Court be upheld. C. O. Canada seconded, and the motion carried five for and two abstaining. Elbert Coalson and Jerry Mills abstained. The request to annex property owned by Mrs. A. L. Crowe, Sr. in LL 629 and 630 into the City of Smyrna was discussed. On motion by Homer Kuhl, seconded by Bill Darby, this property was annexed into the City, to become a part of Ward 1. It will be zoned the same as is presently zoned in Cobb County. Vote on the motion was unanimous. made a motion the Smyrna Athletic Association obtain a $50,000 liability policy on the building erected in Ward Park, in order to protect the City. Rem Bennett seconded the motion and the vote was unanimous. made a motion the City sign the lease agreement with the Smyrna Athletic he use of the building erected in Ward Park, for a period of 20 Coalson seconded the motion and the vote was six to one. Jim Tolleson the motion. Bids for two police cars were opened, read and are recorded as follows: Malibu Sedan $4,855.06 Malibu 305 4,377,44 460 V-8 Package 5,188.61 Granada 4-D Sedan 4,582.02 4-D Chevelle 340 4,775.70 Chevelle 4-D 305 eng. 4,427.46 Ford Granada 302 V-8 4,605.28 two at $9,210.56 Ford LTD 460 V-8 5,241.69 two at $10,483.38 Lamons ($427.91) 4,125.74 two at $8, 25l. 48 Standard 4-D 4,553.65 two at $9,107.30 Chevelle Pkg. 4,688.97 two at $9,377.94 Chevelle 4-D Sedan 4, 29l. 73 two at $8,583.46 Anderson Motors (Continuation of December 6, 1976 Meeting) Nally Chevrolet Chevelle 4-D Sedan $4,646.00 Wade Ford LTD - 4-D Sedan Granada 4-D Sedan 5,181.89 4,977.76 two at $8,602.66 two at $9,197.02 two at $10,363.78 two at $9,955.52 Day's Chevrolet Chevelle 4-D Sedan Chevelle Police Pkg. 4 , 301. 33 4,598.51 Jim Tidwell LTD - 4-D Granada 5,244.08 4,583.82 LTD 4-D Granada 4-D 5, 297 . 60 4,569.52 Jerry made a motion the bids be referred to the Police Committee, with authority to act on the best bid. Jim Tolleson seconded the motion and the vote was unanimous. David requested a building permit to erect a greenhouse in the Grant City area. Granade stated he had permission to use the restrooms of the next door. The building will be of fiberglass and steel. After discussion Homer made a motion the permit be denied. Rem Bennett seconded the motion and the vote was unanimous. Elbert Coalson made a motion bids requested for one garbage truck to be opened at the next council meeting on December 20. Rem Bennett seconded the motion and the unanimous. This is to be paid from Revenue Sharing Funds. C. O. Canada made a motion that bids be requested for a longbed pickup truck for the Parks department, bids to be opened at the next council meeting. Jerry Mills seconded the motion and the vote was unanimous. C. O. the Pool. Pool." read a letter from the Parks and Recreation Commission):ecommending pool at King Springs Park be named the "Les Charles Municipal made a motion the new pool be named the "Les Charles Municipal seconded the motion and the vote was unanimous. made a motion the pay of the Fire and Police weekly, so as to correspond with the pay periods of Jerry Mills seconded the motion and the vote was unanimous. made a motion the City buy turkeys for the employee's Christmas. seconded the motion and the vote was unanimous. Rem stated he had met with Charlie Jones and Doug Hefty and they had traffic lights on South Cobb Drive at Concord Road Road The only firm decision was the light at Wisteria at Drive. Cobb County has agreed to install the new and under- loop detectors at the intersection. The City of Smyrna must furnish equipment for the installation. The cost of the eqnipment will if. purchased through the/.;:.ounty. Rem Bennett made a motion this equip- purchased. Homer Kuhl seconded and the vote was unanimous. Homer Kuhlmade a motion the minutes of November 1, 1976 be approved as submitted. Jerry Mills seconded the motion and the vote was unanimous. Homer Kuhl made a motion the Jerry Mills pointed out the this correction seconded the of November 15. 1976 be approved as submitted. error in the Mayor's name, and with Vote on the motion was unanimous. Jim made a motion the minutes of November 20, 1976 be approved as submitted. .Jerry 1'fills seconded the motion and the vote was unanimous. Rem and commended Jerry he was working two dping a good job with the mornings per month. Control Unit had asked citizens to rake their leaves to the by machine. The leaf machine broke down and Mr. leaves to the curb. They are to get up the machine will be in in a couple (Continuation of December 6, 1976 Meeting) Elbert Coalson stated the permit to sell Christmas trees at the corner of Beaver oad and Cherokee Road was issued in error and Inspector David Granade was in process of getting the trees removed. Homer ted the tax bills went out last week and he made a motion the payment deadl ded to January 17, 1977, before penalties are charged. Bill Darby seconded the motion and the vote was unanimous. Mr. Kuhl stated that money was slow coming in and asked all council to watch expenses closely. Jerry Mills read a recommendation from the Employees Benefit Committee with reference to accumulated sick leave. The department heads had met and unanimously recommended the following days be accrued as of September 13. 1976: Supervisors with over 5 years service: Supervisors with under 5 years service: 30 days 20 days Hourly workers with over 5 years service: Hourly workers with under 5 years service: 15 days 10 days Jerry Mills made a motion the above schedule be approved. the motion and the vote was unanimous. Jim Tolleson seconded A meeting was called for 9:30 next Saturday morning to discuss emergency crews in the Public Works Department. Bill Darby requested approval to request bids for four (4) pagers for t~e Civil Defense Department, to be opened at the next council meeting on December 20, 1976. These would be purchased with matching funds and the City's share for the four 11 be $760.00. Bill Darby made a motion bids be requested for four pagers. ned December 20, 1976. Homer Kuhl seconded the motion and the vote was unanimous. rby stated he had some information from the State with reference to the Speed on devices. Bill Darby made a motion the Speed Zone Ordinance be adopted, being spread upon the minutes. as follows: SPEED ZONE OPillINANCE City of Smyrna Cobb County Georgia "By authority under Section 68A, Article VII, of the Uniform Rules of the Road Act, for local authorities to alter lawful speed limits, following is an ordinance regulating speed limits on State Routes within the City of Smyrna. Cobb County. Georgia. Be it ordained by the Mayor and City Council of Smyrna, Georgia that the following speed zones are established: Cobb County: That segment of road on SR 3 beginning at the South City Limit of Smyrna (800 feet south of Campbell Road) and continuing northerly on SR 3 to the intersection with Concord Road/New Spring Road a distance of 1.059 miles to be speed zoned for 45 miles per hour. That segment of roadway on SR 3 beginning at Concord Road and continuing northerly on SR 3 to the intersection with Cherokee Road a distance of 1.084 miles to be speed zoned for 35 miles per hour. That segment of roadway on SR 3 beginning at Cherokee Road and continuing northerly on SR 3 to the North City Limit of Smyrna (Park Street) a distance of .647 miles to be speed zoned for 45 miles per hour. That segment of roadway on SR 3E (US 41) beginning at Spring Road and con- tinuing northerly on SR 3E (US 41) to the North City Limit of Smyrna (2170 feet north of Hargrove Road. 70 feet north of Plumtree Parkway) a distance of .776 miles to be speed zoned for 50 miles per hour. Thar segment of roadway on SR 230 beginning at the South City Limit of Smyrna (C.L. Wisteria Lane) and continuing northerly on SR 280 to the North City Limit of Smyrna (C.L. Pat Mell Road) a distance of 2.056 miles to be speed zoned for 45 miles per hour. (Continuation of December 6. 1976 Meeting) of roadway on Bank Street beginning at SR 280 and continuing on Bank Street to the intersection with SR 3 a distance of 1.153 miles to be speed zoned 35 miles per hour. of roadway on on Campbell distance of .436 miles to be Road beginning at SR 3 and continuing the intersection with L & N Railroad a 35 miles per hour. That segment of roadway on Cherokee Road beginning at SR 280 and continuing easterly on Cherokee Road to the intersection with SR 3 a distance of 1.043 miles to be speed zoned for 40 miles per hour. That easterly on miles to be of roadway on Church Street beginning Church Street to the intersection with speed zoned for 35 miles per hour. at SR 280 and continuing SR 3 a distance of 1.160 That segment of roadway on Concord Road beginning at SR 280 and continuing easterly on Concord Road to the intersection with SR 3 a distance of 1.226 miles to be speed zoned for 45 miles per hour. That segment of roadway on Kennesaw Drive beginning at Old Concord Road and continuing easterly on Kennesaw Drive to the intersection with Harolds Lane a distance of .468 miles to be speed zoned for 30 miles per hour. That: $egment of King Spring Road beginning at Hayes Drive and continuing northerly on King Spring Road to the i.ntersection with 125 feet north of Pinehurst Circle (north) a distance of 0.500 miles to be speed zoned for 35 miles per hour. That segment of roadway on McCauley Road beginning at SR 280 and continuing on McCauley Road to the intersection with Concord Road a distance of miles to be speed zoned for 35 miles per hour. That segment of roadway on N. Cooper Lake Road beginning at Thomas Lane and continuing northerly on N. Cooper Lake Road to the intersection with Concord Road a distance of 1.026 miles to be speed zoned for 40 miles per hour. That segment of roadway on Old Concord Road beginning at Hickory Acres Drive and continuing northerly on Old Concord Road to the intersection with SR 280 a distance of .723 miles to be speed zoned for 40 miles per hour. $egment of roadway on Old Concord Road beginning at SR 280 and continuing on Old Concord Road to the intersection with Pat Mell Road a distance of .177 miles to be speed zoned for 40 mile~ per hour. of roadway on Old Spring Road beginning at Cherokee Road and northerly on Old Spring Road to the intersection with Kennesaw Drive a distance of .445 miles to be speed zoned for 25 miles per hour. segment of roadway on Powder springs Street beginning at SR 280 and easterly on Powder Springs Street to the intersection with SR 3 of 1.216 miles to be speed zoned for 35 miles per hour. That segment of roadway on Reed Road beginning at N. Cooper Lake Road and continuing easterly on Reed Road to the intersection with 275 feet west of Canterbury Drive a distance of .898 miles to be speed zoned 35 miles per hour. That segment of roadway on Spring Road beginning at SR 3 and continuing easterly on Spring Road to the intersection with SR 3E (US 41) a distance of 2,495 miles to be speed zoned for 45 miles per hour. of rO'adway on Ward Street beginning at Powder northerly on Ward Street to the intersection with of .499 miles to be speed zoned for 35 miles per hour. and Road That segment of roadway on SR 3 beginning at the intersection south of Campbell Road and continuing northerly on SR 3 to the with 1000 feet north of Campbell Road a distance of .306 miles zoned for 35 miles per hour "when flashing." (ContinuatIon of December 6, 1976 Meeting) That segment of roadway on Campbell Road beginning at the intersection with SR 3 and continuing northeasterly on Campbell Road to the intersection with 315 feet east of Argyle Drive a distance of .205 miles to be speed zoned for 30 miles per hour "when flashing." That segment of roadway on Cherokee Road beginning at the intersection with 430 feet east of Eubank Circle and continuing easterly on Cherokee Road to the intersection with Cherokee Trail a distance of .422 miles to be speed zoned for 30 miles per hour "when flashing." That segment of roadway on Concord Road beginning at the intersection with Lusk Drive and continuing easterly on Concord Road to the intersection with 100 feet east of Evelyn Street a distance of .222 miles to be speed zoned for 35 miles per hour "when flashing." That segment of roadway on Powder Springs Street beginning at the intersection with 165 feet west of Eastfield Road and continuing easterly on Powder Springs Street to the intersection with 10 feet west of Guthrie Street a distance of .334 miles to be speed zoned for 25 miles per hour lIwhen flashing." That segment of roadway on Reed Road beginning at the intersection with 650 feet west of King Valley Drive and continuing easterly on Reed Road to the intersection with 270 feet west of Canterbury Drive (East City Limits) a distance of .208 miles to be speed zoned for 25 miles per hour "when flashing." That segment of roadway on Spring Road beginning at the intersection with 30 feet east of Carolyn Drive and continuing easterly on Spring Road to the intersection with Woodruff Drive a distance of .254 miles to be speed zoned for 35 miles per hour "when flashing." Pedestrian Zone: That segment of roadway on Ward Street beginning at the intersection with 625 feet south of Cherokee Road and continuing southerly on Ward Street to the intersection with 1325 feet south of Cherokee Road a distance of 700 feet to be speed zoned for 25 miles per hour. Signs on State Routes to be erected by the State Department of Transportation, all others by the City. Be it resolved that any person convicted of a violation of this ordinance shall be punished as provided for by law. All Ordinances and parts of Ordinances in conflict with this Ordinance are herewith repealed. This Ordinance shall become effective when so posted by the Department of Transportation, Highway Division." scussion of the recommendations of the State to raise some speed limits, y that on Spring Road from 40 MPH to 45 }~H, and 35 MPH in the school r Kuhl made a motion that Spring Road be removed from the Ordinance. Jim econded the motion. Vote on the motion was five to two. Bill Darby and Jerry Mills voted against the motion. The motion by Bill Darby to adopt the ordinance, with the exception of Spring Road carried by unanimous vote. Jim To asked council approval to pay two supervisors in the Water Department for 80 of overtime work, at regular rates. Jerry Mills seconded the motion. Homer Kuhl opposed this action, stating these men accepted their positions based on a salary, and if one supervisory person was paid all the departments would be affected, and the city could not afford this expense at the present time. Mr. Kuhl suggested they take time off in lieu of pay for their accumulated overtime hours. Mayor Bacon stated he thought these men should be paid. Vote on the motion was five to two. C. O. Canada and Homer Kuhl voted against "the motion. Mayor b C B Bacon reminded all Council of the lighting of the Christmas tree and the the Bicentennial Capsule at 7:00 P.M. on December 7, 1976. Also, the nicipal Association Christmas Dinner meeting on December 14th and the Jonquil st on December 15, 1976. Input, Katherine Geisler said she had been advised by Chuck Camp that now only good for 20 years. She stated that in 1972 citizens e Hills appeared before Council and they voted to go along with the Cherokee Hills until 1981. Mrs. Geisler stated that there are now at (Continuation of December 6, 1976) least had no one duplex in the area. Attorney Camp stated the City covenant. Dav:id Granade is to check out these violations. Dick Justice of the Smyrna Jaycees asked permission to hold a bucket brigade for the Fund on December Ilth and December 18th at Spring and Hargrove Road and Jones Shaw Road, from 10 :00 A.M. unti.l 5 :00 P.M. Jerry Mi.lls made a motion the bUQket bri.gades be approved. Bill Darby seconded the motion and the vote was unanimous. City Attorney Chuck Camp stated soliciting funds from the street was against the State Law. Bill Darby made a motion to grant the request of Thomas McFadden for a six (6) months ~eave of absence. C. O. Canada seconded the motion and the vote was unanimous. Bill Darby made a motion Bank Street from King Street to the City Hall Annex, be closed Tuesday night from 6:30 until 8:00 P.M., during the Christmas tree lighting ceremony. Homer Kuhl seconded the motion and the vote was unanimous. Meeting adjourned at 9:30 P.M. ************************ December 20, 1976 The regularly scheduled meeting of Mayor and Council of the City of Smyrna was held at Ci.ty Hall, December 20, 1976 at 7: 30 0' clock P.M. The meeting was called to order by Mayor Pro-tem Homer Kuhl. Mayor Arthur T. Bacon was absent due to a death in the family. All Councilmen were present. Also present was Chuck Camp, City , Willouise Spivey, City Clerk, David Granade, Building Inspector, R. E. Police Chief, Don Atkinson, Fire Chief, Jim David, Superintendent of Public , Lee Silver, Director of Parks and Recreation and representatives of the press. Invocation was given by Senator Joe Thompson, followed by the pledge to the Flag. Carl R. Acevedo of 2698 Rolling View Drive reported a buffer zone violation at the Farmstead Condominiums. He stated different individuals were using the buffer zone for their own personal use to store wood, motorcycles, etc., and asked that Council check into this problem. Inspector David Granade was instructed to check the buffer zone and have it cleared. Marston Tuck stated he was distressed with what he was hearing about the Fire Department, the low morale, the dissatisfaction with the working. hours, etc. He stated that if the City would establish a communications system in the bottom of the Fire Department basement for the fire, police and civil defense, with one number, the firemen could be put on a 24 hour on and 48 hours off schedule additional personnel. Mr. Tuck also said he thought there had been some interference, also a communications breakdown. Mr. Kuhl thanked Mr. his comments. David Thompson asked to appeal the decision of Council to deny the issuance of a building permit for a greenhouse on the parking lot of Grant City. He stated it took a special type building for plants and that he could not erect the building on the of the lot. After discussion it was the decision of council the original vote to the permit stand. speaking for the Fire Department, said he thought Mayor and Council set a date and time to meet with the firemen and tell them if they would or go on a 24 hours on and 48 hours off schedule. He said he was not a but a citizen interested in the department. The working to said that he and Mayor Bacon had met with the Fire Underwriters and number of men required in each station, to keep the same fire rating. of four radio operators had also been discussed and that they were improve the hours of work for the firemen. a fireman, questioned the benefits given members of the Fire Depart- they did not get paid holidays, as those were listed as their Councilman Mills said he would answer questions regarding the benefits, were discussed one by one. (Continuation of December 20, 1976 Meeting) Fireman Philip Pledger stated he had been trying for six months to get some honest answers from Mayor and Council as to what changes could and could not be made. Samuel Wehunt said he did not belong to the Union but was unhappy with the way things were progressing. Several citizens in the audience expressed themselves, stating it seemed to them there was a communications breakdown and the firemen only wanted some answers. One citizen stated the firemen knew what the salary and hours were when they took the job and should leave if they were dissatisfied. After a lengthy discussion Council advised the firemen that they were working on some changes in the Fire Department but we had to have the money before we hired more employees and that threats from the firemen hurt their cause, rather than helped. They agreed that nothing would be done until Mayor Bacon, Chairman of the Fire Department Committee was present. Bids for (1) pickup truck for the Parks Department were opened, read and are recorded as follows: Day's Chevrolet Anderson Motor Co. Nalley Chevrolet Carey Paul Ford Wade Ford Handshaker Ford Trade City Motors $4597.80 4474.04 4167.98 4618.71 4521.82 4579.27 4425.00 Jerry Mills made a motion the bids be referred to the Parks Committee, with authority to act on the low bid. Jim Tolleson seconded the motion and the vote was unanimous. Bids for four (4) pagers for the Civil Defense Department were opened, read and are recorded as follows: General Electric Motorola Communications Tone Radio, Inc. Federal Sign & Signal Co. No bid $357.00 each (substitute) $1812.50 total No bid C. O. Canada made a motion bids be referred to committee for further consideration. Elbert Coalson seconded the motion and the vote was unanimous. Johnny Morris requested a variance on property located at 861 Cherokee Trail in order to use the present structure for a doctors office. He stated the property would be improved both inside and outside, and that plenty of parking spaces would be provided. After discussion, C. O. Canada made a motion the variance be approved, restricted to a doctors office. Elbert Coalson seconded the motion and the vote was unanimous. The letter stating the improvements to be made is to be made a part of these minutes. Rem Bennett said the Principal of Wills High School had contact~d him requesting no parking signs be erected on Sanford Place near Powder Springs Street. After discussion Council agreed these signs should not be put up. No action under committee reports. Under citi~ens input, Jim Farley announced a blood drive for December 31, 1976 at the First Methodist Church in Smyrna. Council approved a Power Pole Easement request for Georgia Power to erect two power poles at Ward Park for the Smyrna Athletic Association building. The Parks Commission requested the following stipulations: (1) The entire expense of erection, poles, and all equipment necessary to establish power to building be paid by the Smyrna Athletic Association. (2) The Smyrna Athletic Association pay total cost of re- location of these poles in the event that the parks figuration is changed or poles become a hazard to park participations. (3) The security light that is being mounted on the pole nearest the front door of the building be removed if such light causes a glare and interferes with baseball being played at Ward Park. Dean Byers of the Smyrna Athletic Association said the light on the pole nearest the front door would not be removed, but would be turned off or adjusted, if it interferred with the games. Meeting adjourned at 9:32 P.M. . WJ2- --r;8~ ARTHUR T. BACON, MAYOR ~OLt.:~ ~~~a~ HOMER KUHL, WARD 4 ~~~ ~ELBERT R. COALSON, WARD 6 ---- ... ~ Q.. ~ ~- ~ r , .Y . I /' /,,' 'So